"Terms of Service" of YellowBulbs.com and other services provided by Yellow Bulbs Solutions Private Limited
Last Updated on 27.05.2016
Welcome to www.yellowbulbs.com, a web based marketing marketplace platform of Yellow Bulbs Solutions Pvt Ltd
In these Terms of Services:
YellowBulbs.com is a venue where our Registered Users use our online marketplace for finding marketing solutions and for providing marketing solutions. We provide an online marketplace that enables Buyers (Marketers) of marketing services to search for Sellers (Solution partner) of marketing services. The Website contains features that enable Marketers, and Solution Partners to become Registered Users when they sign up for a YellowBulbs Account. As Registered Users, Marketers and Solution Partners can transact business.
1.PAYMENT PROCESS FOR SOLUTION PARTNERS:
Currently there are no charges for signing up and creating an account. However there will be a Business Identification Fee (BIF) that will be applicable when you transact on the website under the Post a Brief Model where one offers a customized solution. Currently, it's a Pay As You Want Model, where the Solution Partner (Seller) can specify the exact % of the BIF he wants to pay for that specific transaction. This can be specified when the Solution Partner creates a Term Sheet online and sends to the Marketer (Buyer) for approval. However, when a Solution Partner uploads and sells a ready to use Brand Box solution , he agrees to pay a standard 10% of the value of the brand box that is sold.
All Payments for the transactions are routed through the RBI recommended Nodal Bank Account system for the E Commerce Marketplaces Model of online business.
2.PAYMENT PROCESS FOR MARKETERS:
Currently there are no charges for signing up and creating an account for a Marketer. There are no charges for Posting a Brief too.
Currently there is NO PROCESSING FEE currently for transactions in INR. However in case of transactions charges in Foreign currency, the bank charges for currency conversion of any related charge. This will be borne by the buyer and will be added to the cost of the services purchased.
All Payments for the transactions are routed through the RBI recommended Nodal Bank Account system for the E Commerce Marketplaces Model of online business.
When YellowBulbs launches any future product or service for the Marketers, there could be a service fee or convenience charges on those special / customized services for the Marketer.
This Agreement shall be deemed to have been made and executed at New Delhi, under, and in all respects shall be interpreted, construed and governed by and in accordance with laws of the Courts in New Delhi, India, without regard to its choice of law principles, and all disputes arising out of or in connection with this Agreement shall be subject to Governing Laws of the Courts of New Delhi. The place of jurisdiction shall be in New Delhi, India.
By using this Site, you represent and warrant that you are (i) are lawfully able to accept these Terms; or (ii) over the age of 18 years; or (iii) are not suspended from using the YellowBulbs.
If you are using the Site on behalf of any other person/s (including individuals) or entity (including bodies corporate and unincorporated), you further represent and warrant that you are authorized to accept these Terms on such entity's/person's behalf, and that such entity agrees to indemnify YellowBulbs.com for violations of these Terms.The account holder is responsible for everything done with that account.
You may provide a business name or a company name, which is to be associated with the Registered User's Account. Members acknowledge and agree that where a business name or company name is associated with their Account, Members remain solely responsible for all activity undertaken in respect of their Account.
You agree that you are using these Services only for business purposes for which you are authorized.
We may, at our absolute discretion, refuse to register a person or corporate entity as a Member.
5.COMMENCEMENT OF SERVICE:
The Service shall be deemed to have commenced on the "Date of Sign Up" of service. "Date of Sign Up" is the date indicating the acceptance by the user to use the services of YellowBulbs.com.
The account is valid for on an annualized basis with an automatic renewal on an ongoing basis. However, YellowBulbs may change the terms, duration of this free account as per the change in policy if any.
6.CHANGES TO THESE TERMS:
7.YELLOWBULBS IS NOT A PARTY TO THE DEALINGS BETWEEN MARKETER AND SOLUTION PROVIDER:
YellowBulbs does not sell its own services of marketing solutions but provides a marketplace for exchange of marketing solutions/services. We provide various features like Posting of a brief, Bid, Selling of ready to use Brand Boxes, write testimonials, create detailed profile, and communicate with other members on website chat service and so on to our users. Our Services are to facilitate the exchange of Marketing Solutions.
YellowBulbs' role is limited to connect the Marketer with the Solution Partner. We may help the Marketer in selecting the best pitches submitted by Solution Partners in relation to the posting of a brief by the Marketer and selecting the most suitable Solution Partner, but such help does not create any liability on YellowBulbs as to the matters incidental thereto in relation to the services provided by Solution Partner and payments made by the parties. YellowBulbs is not responsible for the dealings between Marketer and Solutions Partner including but not limited to losses arising out of non-delivery, poor quality of delivery, partial delivery, excess delivery or late delivery of agreed deliverable, partial payment, deductions on payment, delayed payment, non payment, withdrawal of brief or pitch or, change of brief or pitch. YellowBulbs does not direct, has no control over, makes no representations; and does not guarantee the quality, safety or legality of Marketing Services, the truth or accuracy of Briefs and summary of proposals, qualifications, background, the ability of Solution Providers to deliver Marketing Services, the ability of Marketers to pay for Marketing Services, or that a Marketer or Solution Provider can or will actually complete a transaction. YellowBulbs is not responsible if the Solution Partner decides not to participate in a Project/Work Order post winning the BID. YellowBulbs is not responsible if a Marketer decides to not participate in a Project/Work Order post accepting a BID.
But there are cases where the Solution Partner or Marketer has been labeled as "Verified by YellowBulbs" on the site. This means that the YellowBulbs has verified the existence of the company and the facts claimed about the nature of their services and their name, logo and experience is true on the date of the verification or stamping the label on the site, on a best effort basis of the YellowBulbs staff conducting the verification. We do not verify that the Marketer or Solution Partner is financially stable or legally allowed to buy or sell those services. We only verify the basic profile information that they put up during the sign up process.
We may, at our sole discretion encourage the Solution Partners to successfully submit their pitch within the deadline.
YELLOWBULBS IS NOT A PARTY TO THE DEALINGS BETWEEN MARKETERS & SOLUTION PARTNERS, INCLUDING POSTS, BIDS, BRIEFS, PITCHES, PERFORMANCE OF SOLUTION PARTNERS AND PAYMENT FOR A WORK ORDER.
Marketers, Solution Partners are independent contractors. YellowBulbs is not responsible for and disclaims any and all liability related to the actions of Solution Partners, Members, Registered Users, Third Parties and other users of the Services.
IF YOU ENTER INTO CORRESPONDENCE OR ENGAGE IN COMMERCIAL TRANSACTIONS WITH ANY USER OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE YELLOWBULBS SERVICES, SUCH ACTIVITY IS SOLELY BETWEEN YOU AND THE APPLICABLE THIRD PARTY OR INDEPENDENT CONTRACTOR. YELLOWBULBS SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY SUCH ACTIVITY. YOU HEREBY RELEASE YELLOWBULBS FROM ALL CLAIMS ARISING FROM SUCH ACTIVITY.
8.THIRD PARTY WEB SITE SERVICES, LINKS, ADVERTISEMENTS AND OFFERS:
The Service may contain links to other World Wide Web Internet sites. The Service also may utilize third party services, advertisements, offers and payment systems. YellowBulbs is not responsible for these third party products, services or their contents. The inclusion of such a link does not imply endorsement of the Service or its contents or any association with its operators. YellowBulbs is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall YellowBulbs be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties. Any concerns regarding any Third-party website should be directed to its respective site administrator or webmaster.
9.RIGHTS TO WEBSITE AND CONTENTS THEREOF:
9.(a) This Site is owned and operated by Yellow Bulbs Solutions Pvt. Ltd. All the content featured or displayed on this Site, including, but not limited to, text, graphics, data, images(photographic and moving), illustrations, pitches, client lists, summary of proposals, briefs, profile information, testimonials, other information incidental thereto, software and selection and arrangement thereof (the "Content"), is owned by YellowBulbs.com.
All elements of this website, including, but without limitation, the general design and the Content thereof, are protected by copyright, moral rights, trademark and other laws related to the protection of intellectual property rights. Except for, as explicitly permitted under these Terms, or other written license or agreement with YellowBulbs.com, no portion or element of this Site or its content may be copied or retransmitted via any means. All related rights shall remain the exclusive property of YellowBulbs.com, its licensors or its third-party data partners. You retain all your ownership rights in any User Content you post on YellowBulbs. When you give us content, you also grant to YellowBulbs and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and YellowBulbs.com's (and our successors' and Affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels or technology. You also hereby grant each User a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content, only to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of these Terms. Except as expressly stated under these Terms, nothing in this Agreement confers any license under any of YellowBulbs' or any third party's Intellectual Property Rights, whether by estoppel, implication or otherwise.
Notwithstanding the foregoing paragraph, YellowBulbs will only use or disclose User Content you post to any non-public area of the Site to the extent necessary to provide Site Services to you.
9.(b) Rights as to the Bids/Pitches submitted by Solution Partners which a Marketer agrees to accept by agreeing to these Terms:
The Bids/Pitches submitted by the Solution Partners will stay with the respective Solution Partners or Media Houses, until the marketer decides to buy them formally by issuing a Work Order to the Solution Partner or Media House through YellowBulbs or, until the Solution Providers or Media Houses enters into a separate contract to grant license or sub-license to use his/her pitch, with the Marketer. Once the Members enter into a formal Work Order or a separate contract as regards to the licensing/sub-licensing of the pitches, they can decide the extent of intellectual property rights they would like to exchange with each other.
9.(c) Rights as to information provided by a Marketer which a Solution Partner/ Media house agrees to accept by agreeing to these Terms:
You acknowledge that you will not divulge the knowledge that you will get about Marketers business or Marketing Objective during the process of pitching or while seeing live briefs on YellowBulbs. You will maintain confidentiality in all conditions.
Subject to and conditioned on compliance with these Terms and the other Policies on this, YellowBulbs' grants you a limited license to access and, if you are a Member, to use the Site for the purpose of ordering and receiving the Services available and authorized from the Site. You must not access or use the Site or Services for any reasons that are in competition with YellowBulbs. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of the Site in any way for any public or commercial purpose without prior written consent of YellowBulbs or the rights holder. You must not use any content of the Site on any other website or in a networked computer environment for any purpose except your own viewing. Except as expressly stated in this Agreement, nothing in this Agreement confers any license under any of Elance's or any third party's Intellectual Property Rights, whether by estoppel, implication or otherwise.
11.USING OR ACCESSING YELLOWBULBS.COM'S SERVICES:
Affirmative action is required to use or access the Service. Your use or access of the Service, however, shall not impose any duty on YellowBulbs to provide you any particular service or access to any Service. You agree that you will (a) provide accurate, current and complete information about you as may be prompted by any registration forms and subscription,including, but without limiting, your name, telephone number, mailing address, account and email address on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you have to provide to YellowBulbs.com, to keep it accurate, current and complete;(c) maintain the security of your password and identification; (d) notify YellowBulbs.com immediately of any unauthorized use of your account or other breach of security; (e) Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by you at your own cost. (f) Accept all responsibility for any and all activities that occur under your account including, but without limitation to information retrieved, stored and transmitted through the Service by you; and (g) accept all risks of unauthorized access to the Registration Data and any other information you provide to YellowBulbs.com. (h) You will ensure compliance with all notices or instructions given by YellowBulbs from time to time to enable the use of the Service. (i) You will provide the services and execute the Project as per agreed deliverables once you win the bid in case of customized solutions and will provide the services as per Term Sheet of the Brand Box in case of ready to use packages you sell on the website. You cannot express your inability to perform the service that you have promised to deliver in case the Marketer buys your Brand Box for awards you the BID.
We reserve the right to terminate your access to the Service in the event we learn or believe any information provided may be false, inaccurate, not current, or incomplete. If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
12.USING THE WEBSITE (BRIEFS, RATINGS, PROPOSALS AND COMMUNICATIONS):
Since, YellowBulbs provides services, including, but without limitation, of providing detailed profiles of Users, distribution of brief , distribution of summary of proposals, other platform for distribution of Marketing Services, post testimonials, generate user ratings, and, platform for communication, your use of any of the aforementioned content or any content about the YellowBulbs Services is subject to additional terms and conditions as mentioned herein.
This Site and its Content are intended for Members of www.yellowbulbs.com, a division of Yellow Bulbs Solutions Pvt. Ltd.. You may not use this Site or the content for any purpose, which is not related to your business with www.yellowbulbs.com. You shall use the Service only for the purpose for which it is subscribed. It is also clarified that if there are any issues, claims or violations of these Terms then in addition to the right to indemnity available to YellowBulbs, YellowBulbs shall have the right to take appropriate legal recourse available against you and immediately revoke any usernames, pass codes or other permissions that may have been granted by www.yellowbulbs.com for the use of this Site.
You are solely responsible for the content of any transmissions you make to the Site and any publishing, updating, sharing or retransmitting of data added to the Site by you or, data including but not limited to transmissions like your briefs, ratings, proposals, inbox messages posted by you(the "Communications"). YellowBulbs does not endorse or accept any of your Communication as representative of YellowBulbs' views. Any information or content expressed or made available by these third parties or any other Members is that of the respective Users and not of YellowBubs. YellowBulbs neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site.
You are specifically prohibited from, in relation to and including, but without limitation, to YellowBulbs or any other User or a third party: (i) downloading, copying, printing, duplicating, deleting, varying, uploading, publishing, updating, sharing or retransmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with YellowBulbs; or amend or use any data or personal information posted by any User on YellowBulbs except such data and information which is posted by the particular User himself. (ii) using any data mining or similar data gathering or extraction methods; (iii) manipulating or otherwise displaying the site or the content by using, framing or similar navigational technology; Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or into the internet or YellowBulbs network system; (iv) using the Site or Content other than for its intended purpose, make any unauthorized commercial use of the Service, (v) impersonate any person or entity, including any employee or representative of a third party; (vi) cheat or copy in any form with respect to any Services offered. Such unauthorized use may also include, but without limitation, use of material protected by patent, copyright, trademark, and/or other intellectual property right. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. (vii) uploading, publishing, updating, sharing or retransmitting any data which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, sexually explicit, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, chain letters, pyramid schemes, encoded binary files, job offers or listings or personal ads, contains medical advice, or otherwise unlawful in any manner whatever; harm minors in any way;; (viii)You represent and warrant that you will comply with all applicable regulations, including, without limitation, those relating to the internet, data, e-mail, privacy and the transmission of technical data exported from India or the Country in which you reside. (ix) You agree not to make use of anyone else's information other than as necessary to complete any transactions in which you are involved.
YellowBulbs reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which YellowBulbs in its sole discretion deems inappropriate, offensive or contrary to any YellowBulbs policy, or that violate theses terms.
Because of the nature of internet, YellowBulbs might have to carry out system maintenance and/or upgrading and/or testing and/or repairs and/or other related work (the "Maintenance"). YellowBulbs may at its sole discretion and without assigning any reason whatsoever at any time deactivate and/or suspend the User's access to YellowBulbs and/or the Services (as the case may be) without notice to carry out Maintenance. Without prejudice to any other provisions of this Agreement, YellowBulbs shall not be liable for any loss and/or damage and/or costs and/or expense that the User may suffer or incur, as a result of such deactivation and/or suspension.
14.RECOMMENDED PAYMENT MECHANISM FOR A WORK ORDER:
In case of a Brand Box, the recommended payment schedule is 100% advance. The money shall be kept in the nodal bank account at HDFC bank till the marketer confirms successful completion of services/project.
In case of customized solution, 50% along with work order and 50% payment within 7 days of the final invoice submission of the work order. The Members can also agree upon payments terms in the Term Sheet among themselves and the above mentioned payment schedule is not binding upon them.
You understand that YellowBulbs has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
16.GUIDELINES AND POLICIES:
a.Guideline on how YellowBulbs works
You represent that you have read and understood our Guideline ( insert ].Further, You accept this Guideline (insert link] by agreeing to these Terms.
17.COMMUNICATION WITH OTHER USERS:
(a) You must not post your email address, Company name or logo or other contact information or social media id on the Website or any part of the Website like Chat, Portfolio except in the "email" field of the signup form, at our request or as otherwise requested or permitted by us on the Website.
You must only communicate with other Members via the Website Chat. Unless we provide a Member's contact information through a feature or function available through the Website, you must not, and must not attempt to, communicate with other Members in respect of bids, briefs or proposals through any other means such as email, chat, telephone, Skype, GTalk and Yahoo, social media. However, once a formal Term Sheet has been signed/Sale of Brand Box/Bid Awarded is executed between two Members, they can communicate with each other with other means of communication apart from the Website as well.
You represent and warrant that until a formal work order/release order/purchase order is executed between you and another Member, you will respect and follow the arrangement of working and communicating via YellowBulbs.com.
Solution Partner & Marketer agree that they can communicate with another member before placing a work order only when YellowBulbs allows any such communication in writing or by an email, asking marketers or Solution partners to communicate with each other keeping YellowBulbs in the loop or as per the agreed terms and conditions with YellowBulbs in the said written communication from YellowBulbs or email from YellowBulbs.
Once a work order has been issued/Term Sheet has been signed , you will follow the process recommended when needed to 1> submit/approve the Term Sheet, 2> share Proforma Invoice, 2> Request for Job Completion Certificate 3> Submit Invoice 4> Make Payment 5> Provide Payment Confirmation. All these processes can be done from your Account Dashboard's "Transaction" section on the Website.
(b) Communication by Marketers regarding issuance of Work Order. You agree that once the Marketer selects or decides to award the BID to a shortlisted Solution partner or Buys a Brand Box, the Marketer will Agree to the Term Sheet online and agree to the T&Cs online.
18.ENDING YOUR RELATIONSHIP WITH YELLOWBULBS OR MODIFICATION OF SERVICES:
These Terms will continue to apply until terminated by either you or YellowBulbs as set out below.
YellowBulbs may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
(B) YellowBulbs is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful)
YellowBulbs also reserves the rights to modify your services in case of the above mentioned events.
When these terms come to an end, all of the legal rights, obligations and liabilities that you and YellowBulbs are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
You can choose to terminate your Account with YellowBulbs.com. If a Member terminates his/ her Account with YellowBulbs, YellowBulbs.com will not bear any liability of any matter arising thereof and incidental thereto, including but not limited to, incomplete work order.
19.ELECTRONIC AND TELEPHONIC COMMUNICATION WITH US
In furtherance to your use of these Services, we may send you emails, communicate with you electronically through various means including but not limited to skype or inbox messages and notification services of YellowBulbs or through telephone, to notify you for providing information in relation to your use of these Services.
By accepting these Terms you accept to receive electronic and telephonic communication from us. We may attempt to notify you via sms, email about rejection or acceptance of a Bid.
By registering an account with YellowBulbs, you consent to electronically or telephonically receive and access the information provided by us via electronic or telephonic means. If at any time, you withdraw your consent to receive such information electronically or telephonically, then we reserve the right, in our sole discretion, to terminate your access to the Site and the Site Services, and you will no longer be able to use the Site or the Site Services.
Any withdrawal of your consent to receive information electronically or telephonically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive information electronically or telephonically will not apply to information electronically or telephonically provided by us to you before the withdrawal of your consent becomes effective.
We may choose to provide you information electronically or telephonically, at our sole discretion. You represent and warrant that we are under no liability to provide you information electronically or telephonically.
20.DISPUTES WITH USERS OF THE SERVICE:
YellowBulbs is not obligated to investigate, monitor, mediate or resolve any dispute that a marketer or Solution Partner may have with another marketer or solution partner , or any other user of the Service although we may undertake such action in our sole discretion. In the event of a dispute with another user of the Service, you agree
(a) to indemnify us from any liability and
(b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other user of the Service.
21.EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SRVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. IN PARTICULAR, YELLOWBULBS DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YELLOWBULBS WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YELLOWBULBS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YELLOWBULBS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
22.LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER YELLOWBULBS, NOR ITS AFFILIATES, DIRECTORS,OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT AND/OR INDIRECT
AND/OR INCIDENTAL AND/OR SPECIAL AND/OR CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES, RESULTING FROM THE USE AND/OR THE INABILITY TO USE THE SERVICE AND/OR FOR COST OF PROCUREMENT OF SUBSTITUTE OR/AND SERVICES OR RESULTING FROM ANY DATA AND/OR INFORMATION AND/OR SERVICES PURCHASED AND/OR OBTAINED AND/OR MESSAGES RECEIVED AND/OR TRANSACTIONS ENTERED INTO THROUGH AND/OR FROM THE SERVICE AND/OR RESULTING FROM UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF USER'S TRANSMISSIONS AND/OR DATA AND/OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS AND/OR USE AND/OR DATA OR OTHER INTANGIBLE. YOU FURTHER AGREE THAT YELLOWBULBS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT AND/OR INDIRECT AND/OR INCIDENTAL AND/OR SPECIAL CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION AND/OR SUSPENSION AND/OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. YOU AGREE THAT YELLOWBULBS SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. IN SUM, IN NO EVENT SHALL YELLOWBULB.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES OR/AND LOSSES OR/AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO YELLOWBULBS, IF ANY, THAT IS RELATED TO THE CAUSE OF ACTION.
YELLOWBULBS DOES NOT ACCEPT ANY RESPONSIBILITY TOWARDS THE DATA ENTERED IN OUR WEBSITE BY THE USER. THE USER WHO HAS ENTERED THE DATA IS FULLY RESPONSIBLE FOR ANY WRONG DATA ENTERED AND BE LIABLE FOR ANY AND ALL ACTION TAKEN BY THIRD PARTY (WHETHER CIVIL/CRIMINAL). YELLOWBULBS HOWEVER SHALL ENDEAVOUR TO USE THE BEST INDUSTRY PRACTICE OF WEEDING. OUT ALL WRONG DATA/ FALSE DATA ENTERED AND UNDERTAKES TO WITHDRAW ALL SUCH DATA WITHIN ONE WEEK OF RECEIPT OF SUCH COMPLAINT.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS YELLOWBULBS, ITS RESPECTIVE DIRECTORS, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, REPRESENTATIVES, ATTORNEY'S, SUCCESSORS, ASSIGNS, THIRD PARTY INFORMATION PROVIDERS, OTHER THIRD PARTY PERSONS AND INDEPENDENT CONTRACTORS AGAINST ANY CLAIMS, LOSSES, DAMAGES, COSTS, LIABILITIES, PROCEEDINGS, INJURIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ADVOCATES' FEES AND LITIGATION EXPENSES) ARISING OUT OF OR RELATED TO ANY OF YOUR COMMUNICATION, OR OTHERWISE TRANSMISSION OF DATA THROUGH THE SITE, YOUR CONDUCT, ANY BREACH BY YOU OF THESE TERMS, OR OF ANY REPRESENTATION OR WARRANTY CONTAINED HEREIN, YOUR UNAUTHORIZED USE OF THE CONTENT OR THE SITE, OR YOUR VIOLATION OF ANY RIGHTS OFANOTHER.
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YELLOWBULBS PROVIDES THE SERVICE "AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICE OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. YELLOWBULBS AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (a) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED: (c) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGHTHE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF SUING THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICE.
YELLOWBULBS SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR THE GAMES ON THE SERVICE, OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL YELLOWBULBS ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF YELLOWBULBS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The actions of YellowBulbs, other than an express written waiver or amendment, shall not be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible, it will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms, the Content displayed on the Site, any license contained on the Site and any other information or license terms without prior notice. These Terms set out the entire agreement between YellowBulbs and you relating to your use of this Site. Any rights not expressly granted herein are reserved.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback") and you can submit Feedback by emailing us at [firstname.lastname@example.org]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You may address any of complaint, grievances and queries to any of the contact details available on our CONTACT US on our home page or in the alternative your queries and complaints may also be e-mailed to us at [email@example.com].